HomeMy WebLinkAbout1970-07-13 244-X ORDER]A9-%
Introduced by Councilor Malley, duly 13, 1970
CITY OF BANGOR
(TITLE) (orllerg... Approving Proposed Ccnfract for Sale of Land in the Stillwater
Park Urban Renewal Project Parcel No . 177
By the City CowmiL efL1e Cttg of Bangor:
ORDERED,
TWT WHERMS, the Urban Renewal Authority of the City of Beyer proposes
to enter into a contract for the sale of parcel numbered 177
in the Stillwater Park Urban Renewal Project with James R. and
Ann M. Bigley , and
WHEREAS, the said James R & Bon M. Blmtey
has offered to pay the am of Seven Hundred and 00/100 Dollars ($700.00)
for maid parcel, , said price being the minims approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Development; and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Lave of Haines 1957, as ameMed, City Council approval of all contracts
for the sale of Land within the project area is required; and
WIEUMS, the Urban Renewal Authority has filed a copy of the
proposed contract with3tmes R & Ann M Bigley in the office of the City Clark;
NOW, THBREINN E, B8 IT DRDWD:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
_cJVED
1970 JUL-9 W 2=43
CITY C1 [PK'S OFFICE
r p
IS CITY COUNCIL
duly 13, 1970
PASSED
CI CLEP1:
3aa-x
ORDER
Pitle�
.ba3e.eE. W44. i". Stillwater Park M
P .... Nam 177
Introduced end filed by
• .Couneilman
CONTRACT FOR SALE OF LAM
(WnR All) ACCSPIAZA10)
STILLMATBR PARK PRO.iROT
PROJECT M0. ME. R-4
TO: Urban Seasonal Authority of the
City of Bangor ("Seller")
City Sall
Bangor, Maine
Invited April 16, 1463
OFFER:
1. py
herein called "Bug r Offen to buy, subject to [he tet: t f th herein. Ne
following described tend:
Lot sheltered / 717 as shown on Plan of LM entitled
"Stillwater Park Project, Bangor, Penobecot County, Mains,
Urban Renewal Authority of the City of Bangor, Project Me. R-4"
Of
consisgads ting
f nine
an Book(9) Pages and rucordad in Penobscot Registry
pages�� I to inclusive.
2. Buyer will pay r4JA'e— /L/��,(%/�//,y<`—ofF ) Bollare
(670D h far said land 1R cash within one hundred and twenty (120) days after
Me acceptance of this offer by Seller. no Authority way grant additional time
upon written request from the Buyer.
3. Conveyance of said laud shall Be made by Warranty heed, subject to all
easements of record, the Declaration of Restrictions for Stillwater Perk Project,
Bangor, Maine, R-4, which was recorded in Volume 2113, page 385 of Penobscot
Registry of Deeds, and to those conditions set forth hereinafter to which Buyer
expressly agrees,
(a) (i) no Buyer herein covenants by and for himself, his heirs,
executors, administrators end assigns and all persona claiming under or through
then, that Buyer and such heirs, executors, administrators and assigns and all
Perseus claiming under or through them shell:
(1) Devote the Property to and only to end is accordance
with the uses specified to the Declaration Of Restrictions and as it may be
after amended emended free ties to time;
(2) But discriminate upon the basis of race, color, creed
or national origin in the sale, lease or rental or in the are or Occupancy of
the Property or way Improvements erected or to be erected thereon, or any Part
thereof.
(11) It to intended end agreed that the agreements and covenants
provided In this section shall be covenants running with the land and that they
shall, 10 any event, Sod without regard to technical classification or daslgm-
tion, legal or otherwise, and except only as specifically provided in this Agree -
rat, be, to the fullest extent permitted by law and acuity, binding for the
benefit and in favor of, and enforceable by, Bolter, its successors and recline,
the City of Bangor, any Successor to interest to the Buyer of the Property, and
the amer of any other land (or n£tany interest in such land) In the Project
Area which is subject to the lend use acquiescence and restrictions of the in-
claration of geetrictim, and the United States (in the case of the covenant
Provided in subdivision (2) of Subsection (I) hereof) agaimsI the Buyer, his
successor$ and assigns, to Of of the Property or any Interest therein, and any
Perry in possession or occupancy of the Property. It is further Intended and
agreed that the agreement AM contract provided in clava (1) (1) shall remain
in effect until Jamey, 22, MIS, SM during the term of any extension thereof,
(at which time such agremnt and covenant shall tetmionce), and chose provided
in clause (1) (2) Shall aurin in effect without limitations as to rim:
Provided, that such Spectators aha casements Shall be binding on Buyer himself,
each successor in interest or resign, and each party in possession m Occupancy,
respectively, Only for such period as he shall have title to or an interest In
or possession Or Occupancy Of the property.
(III) In amplification, sod not in restriction, of the provie4mv
of the preceding subsection, it is intended and ascend that Beller and City of
Banger shall be demd a beneficiary of the agramnts aha covenants provided In
subsection (1) of this section both for and In its own right and also for the
purposes of protecting the interests of the commonalty and the other parties,
Public or private, In Mose favor or for whose benefit such agreements and dovn-
nauts have base provided. Such agreements and covenants shall ran in favor Of
Seiler and City of Bangor for the satire period during which sgramnrs and
-2-
covenants shall be in force and effect, Without regard to whether Sellar and
City of Bangor has at any stow been, regains, or is an Owner of Any lead Oe
Interest therein to, or in favor of "Leh such agreements and Steamers Delete.
Seller aSilm City of BmWor Shall have the Dight, to the event of any breach
Of any such agreement or cooment, to aeersisa all the rights and semdies and
to mintain any actions At law AT suits in equity or Other proper proceedings
to enforce the curing of such breach of Streamer or covomnt, to Mich it or
any Other bensflcimies of such agreement m Steamer my be entitled.
(b) TO construct ane (end tot mm than one) standard dwelling home
(single Emily) upm the land which wilt mat the miaimm requirmnts as get by
City of Bangor Ordinances and the Exalaratim of Mgtrictlaws. CmOtrmttm
meet start within six (6) menthe of the date the Beed is recorded in the Buyer's
and COweletion west be accomplished within twelve (12) macho of date of
c®ancing construction. Pians for said d elllag house will be subject to De-
vice by Seller prior to conveyenee of the land. Within ninety (SB) days of the
data Of the acceptance of the offer by Seller, Buyer agrees to submit construe.
steak plane for approval by Seller, end evidence Satisfactory to the Seller of
Buyer's ability to finance the construction of the proposed Improvements.
(c) (I) In the Asset that prior to remission of the inptover nts
as certified by Seller:
(1) Buyer (or Successor in interest) shell default in or
violate his obligations with respect m the construction of the lmpreetmuts
(including the "tore and the dates for the beginning and c"pleston thereof),
Or Shell abandon or substantially Suspend eenetruction work, and Any such default
or violation, bbamnsmnt or empe"ioo Shull met be cured, ended Or restudied
within three (3) months (six (6) math* if the default Is With respect to the
date for SOmpletim Of the leftmemems) after written domed by the Seller se
to do, or
(2) there Is, in violation Of this Agreement, any transfer
Of the Property Or any change in Ownership of the Property, and each violation
shall not be cured within thirty (M) dogs after written dmnd by the Seller to
Buyer; then Seller shell have the right to re-enter and take possession of the
Property and to termina a (and tweet to the Seller) the estate conveyed by the
-3-
Wntrwaty Deed to the Buyer, it being the intent that the couvayanae of the Prwer-
ty to the Buyer shall be mde upon a condition subsequent to the ¢£feat that in
Me Banat of any default, failure, violation or other action or Inaction by the
Buyer specified in clauses (1) and (1) of this subsection (i), faulure on the part
of the Buyer to reedy, end or abrogate each default, failure, violation or other
sort= or taxation within the period Rad in the mamer stated In said clauses,
Beller at its option my declare a term£netlon in favor of Me Seller of the
title, and of all the rights and interest in the Property conveyed by the Warranty
Dead to the Pufax and that such title and all rights and Interest of the Bayer
and any assigns or successors in interest in the Property Shall ravest to the
Beller: Prided, that such condition Subsequent and any revesting of title as
a result thereof In Beller shell always be auSlect to and lionized by, and Shall
not defeat, reader Invalid er Iimit In any any, (1) the lieu of any aoatgage
authorized by this Agraraent and executed far the sole purports of obtaining fonds
to construct the lmprovements, and (g) any rights or Interest provided in this
Agoement for the protection of the holders of ouch mortgages.
(II) ¢eller awl have Me right to Institute such actions or
proceedings as it my deem desirable for effectuating the purposes of this motion
(e), Including also the right to execute and toward or file with the Penobscot
Registry of Nods, a written declaration of the tereimtion of all rights and
title of Buyer and his amceseors In Internet and assigns in the property, and the
resenting of title thereto In the Seller; Provided, that any delay by the Sellar
In Instituting or proaeeutiog arty such actions ar proceedings or otherwise assert-
ing its rights coder this section shall set "state as a waiver of each rights or
to deprive it of or Unit such rights in any my (it being the Intent of this pro-
vision that Seller should not be constrained so as to avoid the risk of being an.
prived of or I mined in the exercise of the tweedy provided in this auction (a)
because of concepts of waiver, laches or otherwise) to exercise such rowdy at e
tier when it my still hope otherwise to resolve the problem created by the da-
fault involved, net shall any waiver is fact mde by Seller with respect to any
specific default by Buyer under this section (c) be considered or treated as a
minor at no rights of Seller with respect to any other defaults by Buyer under
this section or with respect to the particular default accept to the extent ape-
cifically waived.
-d.
(d) no Buyer represents am agents that hie purchase of the property
nd
ahie other undertskipe Successor to this Apreemont are end sill be used for the
Satpura of tNevelopmnr of the Property aqua not for speculation in land holding.
no Depot further recognises that the quallficatlane and identity of the Buyer
are Of particular comer tO the ccymaity and the Seller. The Buyer further
racognina that It is because of each qualifirecieos sad identity that the Seller
IS apostles Into this Agreement wRh the Buyer, and 1p ao doing in further willing
to accept and rely On rhe ObiiSatlOn Of the Buyer for the faithful pecfarrvca
of 911 undertakivge am covenants hereby by him to be per£ormcd Without requiring
In addition day Surrey bond or shallot andartakiug. par the forgoleg raeeana,
the Buyer represents and sue" for himself and any successor in interest [hat
accept only by nay of security far sod Only Ear the purpose of Obtaining plan, Ing
neteacdty to enable the Buyer Or Successor in interest to perfor his obligptfona
With respect to asking the Inpvovemeats under this Agreseene, the Buyer (except
ate so authorized) has net asdn an created and that he will act, prior m the pro-
per aOmpletion of the Improvements to certified by the Seller, aske or create Or
Suffer to be made Or treated Say total m partial ante, aesig®nt, cauveyame
an lease Or any treat or poset or transfer in any Other mode ac Yarm of or pith
respect to this Agreemnt Or the Property Or Y1y Interest tbertfn an a" contract
or egreeasnt to do any Of the court without price written approval of the Sailer.
The Seller shall be entitled re tegeits as conditions to any such epprMal that:
(i) Any proposed trapeferse shell bare the qualifhcetiom and
financial rnepaneibility, as determined by the Seller, necessary and adequate to
fulfill she obligations mdertakea In this saturator by the Buyer:
(11) There has been submitted to the Sallee .for rayless, and ehe
Sellar baa approved, all faetrpnwnn and ocher legal documentsInvolvedto affec-
ting transfer,
(1I1) no consideration payable for the trnsEer by the transferee
Ox an his behalf shell net exceed an emeant cepreeeming the actual coat (imiu-
di" eanyng chargee) to the Buyer of the Property and the lmprovecente, if any,
theretofore nada thereon by him, it being the intent o£ this prevision to pro -
Clain aaefSomcnt of this Agreement or transfer of the Property for profit prior
to the cOsplatian Of the Pmprovemente and to provide that in In* meat say, each
aasigm ut or transfer is asde (and is not cancelled), the Seller shall be entitled
to increase the parcluae price to the Buyer Of the Property provided in Section 2
-5-
of this Aera®ent by the amount that the consideration payable for the aeelfmtxai
or tranefes is in excess Of the cannot authorized in this paraBrapb, and. son
conetderetien shall, to the extent it is in "tees of the rvount so authorized,
belong and be Paid to the Beller.
(iv) 'Me Buyer and his transferee shall comply with son other
coaditlow as the Seiler may Find desirable In "der to achieve and safeguard
the purposes of Chapter 148 Of the Private and Spacial Uwe of statue, 1951, as
emended, and the Declaration of Restrictions as it my be awarded, and the
Federal Hewing But of 1949, as ameaded: Provided, [hat to the absence of spe-
Gifts Witten agreement by Me Seller to the contrary, no such transfer or ap-
proval by the Seller thereof shall be deemed to relieve the Buyer or any ocher
party bound in any way by this Agveemat Or otherwise with respect to the son-
structi" of the SmprOvemente from Buy of his obligation with respect thereto.
(e) Bone of the provisions of this Agreeaeot are intended to or shall
be surged by reason of any Dead trawfOrrin title to the property from the
Seller to the buyer or any suceesear In interest, and say such Dead shall we be
denied to affect Or repair the provisions and covenants of this Ag[eament.
(f) For the purposes of any of the provisions of this Weement,
neither the Seller n" the Buyer, as the sees may be, we any successor in farm -
Got, shall be considered in breech of or default in its obligations with respect
to no preparation of the Property for redwelopuoat, of the beginning and core -
pieties of construction of the Lmp[wssonu, or progress with respect thereto,
in the event of delay to the p"formawe of such obligacices don to unforeseeable
causes beyond his control and without his fault or negligence, tucludlog, but not
restricted to, acts of God or of the public assay, acts of the Gwemmenc, =to
of the other party, flrea, floods, epidem es, querentin reetrictioee, strikes,
freight emhargoes and unusually severe wether or delays of subcontractors due
to such covers: it befog the purpose and intent of this provision Mat In the
went of Me Occurrence of any such delay, [he tine 0r time for performseae of
the obligations of the Beller vin respect to the preparation of the Property for
redevelopment Ot of the Buyer with respect to construction of the logrwewnta,
as Me vase my be, shall be extended fee the period of the delay{ f that
the party seeking the benefit of the provisions of this entries shall, within
sixty (60) day$ after the beginning of any such delay have first notified the
-6-
Other party thereof to writing, and of the caner or museum thermal and retaaotw
an saturation for the parmal of the dally.
(g) prior to the crob:mlm of the ggrovassnta by 00 Buyer, "fiber
the Sulam nor my eaccemor to totereat to the Property omit engage in any fima-
slag or any other transaction meeting any mategage er other armaments er lien
upon the property, Anchor by express agreement or operation of lm, ur suffer eery
evcmbramce cr lima tO he ands on or attach to the Property, accept, and only to
the latest necessary, for the purpose of obrnin£ng funds for deeming no Iepeove.
more. It in further Wood that the aspect (or emcaaaar in Interest) omit
notify the Seller In advance of any srrtgage financing he proposes to motor tato
with respect to the property and to lay moot that he shall promptly notify the
Seller of any encumbrance or lima that Me bee created m or attached to the
property, weather by volmtary act of the Buyer an mhaMce.
(h) gotwtefin4eding aha of the precisions of this Agreement, Including
but out lizited to time representing comments running uttb the land, the holder
Of my obligation mthariead by this Admenent (txluding my much holder am ob-
taton title to rho property m e remit of foreclosure pramodinge or scrim in
Line thereof, but not imieding (1) any other party am thereafter circles title
to the property from dr through emh holder m (I) any other puacheeer at fume-
clumme sale areas than the holder of the Obligation itself) omit in no vice be
obligated by abs provlelare of this Agreement to eonctemt or complete the Imoxaam-
®ote or to guarantee such construction or completion; our shall any comment or
any other proviolom In the Seed he coatmb m so obligate each holder, Frmldad,
that nothing in this section Or any came Section or PBwISIoo of this Agreement
shall he demand or eomtmed to petnia or mthorlao any such holder to devote the
property or any part thereof to a" Wes, an to eocamum my Isprovoantm ehereen,
other than these was or tmmewateta provided or authorized in the Rmclaratmet of
Restrictions, ardivenaes of the City of ganga➢, and this Agreement.
6. So asmhae, official or employee of the Seller shall hive say pnt90a3t
interest, direct or Indirect, In this Agreement, am omit any Both Vmmr, "f -
finial or m Iayee participate in any declaim reletiag to this Agreement chime
affects his personal immeam Or the interests of any corporation, partnership.
or association in which he Is, directly or indirectly, interested, No modest,
Official or eepfayex of the Seller omit be personally liable to the Remo az any
successor to Interest in the event of any default or breach by the Beller or for
MY rescue which ®y brands dna to the Buyer or emeeesor ar on any obligations
under the towns of this Sparsest.
S. Taxes and spacial seaeaeamte, if any, due an or bergs the cloning data
shall be paid by Beller, r(///
6. Buyer heraafeh washers '6" _Dollars
(0 �5j �) which mm Is at least five Vett t (y6) of t�purchase
Pelts u usenet marry to excess a part a the payment of the purchase price of
the land upon acceptance of this offer by Beller. This ams shall be held by
Seller and It this offer Is not aceepted, it shall be returned to Boyne, withmt
Interest. It shall be retained by the Seiler for reimbursement as liquidated
doges to partially offset expenses two=" by the Seller for legal advartielog,
title search. Internal Authority administrative "tions or otherwise If the Buyer
fella to complete the purchase of said land within the time specified In Paragraph
2 betels.
y. This offer Sr blwta upon Buyer if accepted by Seller within sixty (60)
days wad amat be wlehdravn during this time. If ant accepted by Sellae within
sixty (60) "1 it is automatically cancelled wad expires, in which ease the
earmat Mary shall be promptly expanded to Buyer, without interact.
S. Elaine of purchase owl tete place not more than our hundred treaty
(120) days, or as otherwise specified in Paragraph 2 bettor, few date of accept.
ease of this offer by Seiler; and notification to Buyer thereof by returning to
Buyer was (1) accepted copy of this offer to the address indicated below. The land
shall be eoroeyed to the Buyer by a Warranty Deed an date of closing.
9. no Seller my or the Buyer shell prw@tly file the sed for racotdation
in the proconsul Registry of Deeds at Saagor, Minn. The Buyer shall pay all
caeca (including the cost of say real estate transfer ter on the base, for which
across in the Proper amort shall be affixed to the Deed by the Buyer) far so
recording the Deed.
30. Promptly after completion of the laprovemeuts in accordance with this
Agreement, the Beller x111 furnish the Buyer with an appropriate instrument co
certifying. The certification by the Seller shall be (end it shall be so provided
is the Deed and in the Certification itself) a emulative deteraimtim of eatls-
£action sod termination of the reactants in the Agreement and the Deed with respect
4-
to the obligations of the Beyer and his heirs and eeslgse to contract no Itpra•Je-
ments and the dates for the beginning and eempletion thereof. "a rectification
shall be in each foam as will enable it to be receMM, I£ the galley Shall re-
fuge or fail to provide the certification, the Seller shall, within
(59) days after written request by the gayer. provide the Buyer
with a written statameot indication In adequate detail haw the Buyer has failed
to Complete the IMPrOVCmente in conformity with the Brbam genual Plan or this
Agreement, or is otherwise in default, and what measures or acts it will be
necessary, in the opinion of she Seller, for the Buyer to take or perform in order
to obtain the certification.
U. no word "Buyer" in this agromment Shall be corrected to mean both the
plural and singular number, in any gender, and to mean not only the perp thereby
designated, but 6190 his, bar or their respective heirs. &&signs.executors, ad-
mtnistratore or &uccae90rs In interest, or, in the even that any such Party 19 a
corporation, its or their Successors or "Sig".'
r ca
to mese Buyerea
Witness Buyer
Aaateae
Telephone
in City Council freewill Order as.
hate —
A True Copy, Attest:
City Clerk
-9-
Mt
Ta shays offer is acupced this day of Eg
asd auoidiogly conatitatee a hlndivg
street for sale of Iasi harasser
BaEler. Bayer evd
Bitnees By
ehaix is
EaocutLva Bireeiar
Attorney
.10.